2006 Minnesota Statutes

624.714 CARRYING OF WEAPONS WITHOUT PERMIT; PENALTIES.
    Subdivision 1.[Repealed, 2003 c 28 art 2 s 35; 2005 c 83 s 1]
    Subd. 1a. Permit required; penalty. A person, other than a peace officer, as defined in
section 626.84, subdivision 1, who carries, holds, or possesses a pistol in a motor vehicle,
snowmobile, or boat, or on or about the person's clothes or the person, or otherwise in possession
or control in a public place, as defined in section 624.7181, subdivision 1, paragraph (c), without
first having obtained a permit to carry the pistol is guilty of a gross misdemeanor. A person who
is convicted a second or subsequent time is guilty of a felony.
    Subd. 1b. Display of permit; penalty. (a) The holder of a permit to carry must have the
permit card and a driver's license, state identification card, or other government-issued photo
identification in immediate possession at all times when carrying a pistol and must display the
permit card and identification document upon lawful demand by a peace officer, as defined in
section 626.84, subdivision 1. A violation of this paragraph is a petty misdemeanor. The fine for a
first offense must not exceed $25. Notwithstanding section 609.531, a firearm carried in violation
of this paragraph is not subject to forfeiture.
(b) A citation issued for violating paragraph (a) must be dismissed if the person demonstrates,
in court or in the office of the arresting officer, that the person was authorized to carry the pistol
at the time of the alleged violation.
(c) Upon the request of a peace officer, a permit holder must write a sample signature in
the officer's presence to aid in verifying the person's identity.
(d) Upon the request of a peace officer, a permit holder shall disclose to the officer whether
or not the permit holder is currently carrying a firearm.
    Subd. 2. Where application made; authority to issue permit; criteria; scope. (a)
Applications by Minnesota residents for permits to carry shall be made to the county sheriff
where the applicant resides. Nonresidents, as defined in section 171.01, subdivision 42, may
apply to any sheriff.
(b) Unless a sheriff denies a permit under the exception set forth in subdivision 6, paragraph
(a), clause (3), a sheriff must issue a permit to an applicant if the person:
(1) has training in the safe use of a pistol;
(2) is at least 21 years old and a citizen or a permanent resident of the United States;
(3) completes an application for a permit;
(4) is not prohibited from possessing a firearm under the following sections:
(i) 518B.01, subdivision 14;
(ii) 609.224, subdivision 3;
(iii) 609.2242, subdivision 3;
(iv) 609.749, subdivision 8;
(v) 624.713;
(vi) 624.719;
(vii) 629.715, subdivision 2;
(viii) 629.72, subdivision 2; or
(ix) any federal law; and
(5) is not listed in the criminal gang investigative data system under section 299C.091.
(c) A permit to carry a pistol issued or recognized under this section is a state permit and is
effective throughout the state.
(d) A sheriff may contract with a police chief to process permit applications under this
section. If a sheriff contracts with a police chief, the sheriff remains the issuing authority and
the police chief acts as the sheriff's agent. If a sheriff contracts with a police chief, all of the
provisions of this section will apply.
    Subd. 2a. Training in the safe use of a pistol. (a) An applicant must present evidence that
the applicant received training in the safe use of a pistol within one year of the date of an original
or renewal application. Training may be demonstrated by:
(1) employment as a peace officer in the state of Minnesota within the past year; or
(2) completion of a firearms safety or training course providing basic training in the safe use
of a pistol and conducted by a certified instructor.
(b) Basic training must include:
(1) instruction in the fundamentals of pistol use;
(2) successful completion of an actual shooting qualification exercise; and
(3) instruction in the fundamental legal aspects of pistol possession, carry, and use, including
self-defense and the restrictions on the use of deadly force.
(c) The certified instructor must issue a certificate to a person who has completed a firearms
safety or training course described in paragraph (b). The certificate must be signed by the
instructor and attest that the person attended and completed the course.
(d) A person qualifies as a certified instructor if the person is certified as a firearms instructor
within the past five years by an organization or government entity that has been approved by the
Department of Public Safety in accordance with the department's standards.
(e) A sheriff must accept the training described in this subdivision as meeting the requirement
in subdivision 2, paragraph (b), for training in the safe use of a pistol. A sheriff may also accept
other satisfactory evidence of training in the safe use of a pistol.
    Subd. 3. Form and contents of application. (a) Applications for permits to carry must be an
official, standardized application form, adopted under section 624.7151, and must set forth in
writing only the following information:
(1) the applicant's name, residence, telephone number, if any, and driver's license number
or state identification card number;
(2) the applicant's sex, date of birth, height, weight, and color of eyes and hair, and
distinguishing physical characteristics, if any;
(3) the township or statutory city or home rule charter city, and county, of all Minnesota
residences of the applicant in the last five years, though not including specific addresses;
(4) the township or city, county, and state of all non-Minnesota residences of the applicant
in the last five years, though not including specific addresses;
(5) a statement that the applicant authorizes the release to the sheriff of commitment
information about the applicant maintained by the commissioner of human services or any similar
agency or department of another state where the applicant has resided, to the extent that the
information relates to the applicant's eligibility to possess a firearm; and
(6) a statement by the applicant that, to the best of the applicant's knowledge and belief, the
applicant is not prohibited by law from possessing a firearm.
(b) The statement under paragraph (a), clause (5), must comply with any applicable
requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect to
consent to disclosure of alcohol or drug abuse patient records.
(c) An applicant must submit to the sheriff an application packet consisting only of the
following items:
(1) a completed application form, signed and dated by the applicant;
(2) an accurate photocopy of the certificate described in subdivision 2a, paragraph (c), that is
submitted as the applicant's evidence of training in the safe use of a pistol; and
(3) an accurate photocopy of the applicant's current driver's license, state identification card,
or the photo page of the applicant's passport.
(d) In addition to the other application materials, a person who is otherwise ineligible for a
permit due to a criminal conviction but who has obtained a pardon or expungement setting aside
the conviction, sealing the conviction, or otherwise restoring applicable rights, must submit a
copy of the relevant order.
(e) Applications must be submitted in person.
(f) The sheriff may charge a new application processing fee in an amount not to exceed the
actual and reasonable direct cost of processing the application or $100, whichever is less. Of this
amount, $10 must be submitted to the commissioner and deposited into the general fund.
(g) This subdivision prescribes the complete and exclusive set of items an applicant
is required to submit in order to apply for a new or renewal permit to carry. The applicant
must not be asked or required to submit, voluntarily or involuntarily, any information, fees, or
documentation beyond that specifically required by this subdivision. This paragraph does not
apply to alternate training evidence accepted by the sheriff under subdivision 2a, paragraph (d).
(h) Forms for new and renewal applications must be available at all sheriffs' offices and the
commissioner must make the forms available on the Internet.
(i) Application forms must clearly display a notice that a permit, if granted, is void and
must be immediately returned to the sheriff if the permit holder is or becomes prohibited by law
from possessing a firearm. The notice must list the applicable state criminal offenses and civil
categories that prohibit a person from possessing a firearm.
(j) Upon receipt of an application packet and any required fee, the sheriff must provide a
signed receipt indicating the date of submission.
    Subd. 4. Investigation. (a) The sheriff must check, by means of electronic data transfer,
criminal records, histories, and warrant information on each applicant through the Minnesota
Crime Information System and, to the extent necessary, the National Instant Check System.
The sheriff shall also make a reasonable effort to check other available and relevant federal,
state, or local record-keeping systems. The sheriff must obtain commitment information from
the commissioner of human services as provided in section 245.041 or, if the information is
reasonably available, as provided by a similar statute from another state.
(b) When an application for a permit is filed under this section, the sheriff must notify the
chief of police, if any, of the municipality where the applicant resides. The police chief may
provide the sheriff with any information relevant to the issuance of the permit.
(c) The sheriff must conduct a background check by means of electronic data transfer on a
permit holder through the Minnesota Crime Information System and, to the extent necessary, the
National Instant Check System at least yearly to ensure continuing eligibility. The sheriff may
conduct additional background checks by means of electronic data transfer on a permit holder at
any time during the period that a permit is in effect.
    Subd. 5.[Repealed, 2003 c 28 art 2 s 35; 2005 c 83 s 1]
    Subd. 6. Granting and denial of permits. (a) The sheriff must, within 30 days after the date
of receipt of the application packet described in subdivision 3:
(1) issue the permit to carry;
(2) deny the application for a permit to carry solely on the grounds that the applicant failed to
qualify under the criteria described in subdivision 2, paragraph (b); or
(3) deny the application on the grounds that there exists a substantial likelihood that the
applicant is a danger to self or the public if authorized to carry a pistol under a permit.
(b) Failure of the sheriff to notify the applicant of the denial of the application within 30 days
after the date of receipt of the application packet constitutes issuance of the permit to carry and
the sheriff must promptly fulfill the requirements under paragraph (c). To deny the application,
the sheriff must provide the applicant with written notification and the specific factual basis
justifying the denial under paragraph (a), clause (2) or (3), including the source of the factual
basis. The sheriff must inform the applicant of the applicant's right to submit, within 20 business
days, any additional documentation relating to the propriety of the denial. Upon receiving any
additional documentation, the sheriff must reconsider the denial and inform the applicant within
15 business days of the result of the reconsideration. Any denial after reconsideration must be in
the same form and substance as the original denial and must specifically address any continued
deficiencies in light of the additional documentation submitted by the applicant. The applicant
must be informed of the right to seek de novo review of the denial as provided in subdivision 12.
(c) Upon issuing a permit to carry, the sheriff must provide a laminated permit card to the
applicant by first class mail unless personal delivery has been made. Within five business days, the
sheriff must submit the information specified in subdivision 7, paragraph (a), to the commissioner
for inclusion solely in the database required under subdivision 15, paragraph (a). The sheriff must
transmit the information in a manner and format prescribed by the commissioner.
(d) Within five business days of learning that a permit to carry has been suspended or
revoked, the sheriff must submit information to the commissioner regarding the suspension or
revocation for inclusion solely in the databases required or permitted under subdivision 15.
(e) Notwithstanding paragraphs (a) and (b), the sheriff may suspend the application process
if a charge is pending against the applicant that, if resulting in conviction, will prohibit the
applicant from possessing a firearm.
    Subd. 7. Permit card contents; expiration; renewal. (a) Permits to carry must be on
an official, standardized permit card adopted by the commissioner, containing only the name,
residence, and driver's license number or state identification card number of the permit holder,
if any.
(b) The permit card must also identify the issuing sheriff and state the expiration date of
the permit. The permit card must clearly display a notice that a permit, if granted, is void and
must be immediately returned to the sheriff if the permit holder becomes prohibited by law
from possessing a firearm.
(c) A permit to carry a pistol issued under this section expires five years after the date of
issue. It may be renewed in the same manner and under the same criteria which the original permit
was obtained, subject to the following procedures:
(1) no earlier than 90 days prior to the expiration date on the permit, the permit holder may
renew the permit by submitting to the appropriate sheriff the application packet described in
subdivision 3 and a renewal processing fee not to exceed the actual and reasonable direct cost
of processing the application or $75, whichever is less. Of this amount, $5 must be submitted
to the commissioner and deposited into the general fund. The sheriff must process the renewal
application in accordance with subdivisions 4 and 6; and
(2) a permit holder who submits a renewal application packet after the expiration date of
the permit, but within 30 days after expiration, may renew the permit as provided in clause
(1) by paying an additional late fee of $10.
(d) The renewal permit is effective beginning on the expiration date of the prior permit to
carry.
    Subd. 7a. Change of address; loss or destruction of permit. (a) Within 30 days after
changing permanent address, or within 30 days of having lost or destroyed the permit card,
the permit holder must notify the issuing sheriff of the change, loss, or destruction. Failure to
provide notification as required by this subdivision is a petty misdemeanor. The fine for a first
offense must not exceed $25. Notwithstanding section 609.531, a firearm carried in violation
of this paragraph is not subject to forfeiture.
(b) After notice is given under paragraph (a), a permit holder may obtain a replacement
permit card by paying $10 to the sheriff. The request for a replacement permit card must be made
on an official, standardized application adopted for this purpose under section 624.7151, and,
except in the case of an address change, must include a notarized statement that the permit card
has been lost or destroyed.
    Subd. 8. Permit to carry voided. (a) The permit to carry is void at the time that the holder
becomes prohibited by law from possessing a firearm, in which event the holder must return the
permit card to the issuing sheriff within five business days after the holder knows or should know
that the holder is a prohibited person. If the sheriff has knowledge that a permit is void under
this paragraph, the sheriff must give notice to the permit holder in writing in the same manner as
a denial. Failure of the holder to return the permit within the five days is a gross misdemeanor
unless the court finds that the circumstances or the physical or mental condition of the permit
holder prevented the holder from complying with the return requirement.
(b) When a permit holder is convicted of an offense that prohibits the permit holder from
possessing a firearm, the court must take possession of the permit, if it is available, and send it
to the issuing sheriff.
(c) The sheriff of the county where the application was submitted, or of the county of the
permit holder's current residence, may file a petition with the district court therein, for an order
revoking a permit to carry on the grounds set forth in subdivision 6, paragraph (a), clause (3).
An order shall be issued only if the sheriff meets the burden of proof and criteria set forth in
subdivision 12. If the court denies the petition, the court must award the permit holder reasonable
costs and expenses, including attorney fees.
(d) A permit revocation must be promptly reported to the issuing sheriff.
    Subd. 8a. Prosecutor's duty. Whenever a person is charged with an offense that would,
upon conviction, prohibit the person from possessing a firearm, the prosecuting attorney must
ascertain whether the person is a permit holder under this section. If the person is a permit holder,
the prosecutor must notify the issuing sheriff that the person has been charged with a prohibiting
offense. The prosecutor must also notify the sheriff of the final disposition of the case.
    Subd. 9. Carrying pistols about one's premises or for purposes of repair, target practice.
A permit to carry is not required of a person:
(a) to keep or carry about the person's place of business, dwelling house, premises or on
land possessed by the person a pistol;
(b) to carry a pistol from a place of purchase to the person's dwelling house or place of
business, or from the person's dwelling house or place of business to or from a place where
repairing is done, to have the pistol repaired;
(c) to carry a pistol between the person's dwelling house and place of business;
(d) to carry a pistol in the woods or fields or upon the waters of this state for the purpose of
hunting or of target shooting in a safe area; or
(e) to transport a pistol in a motor vehicle, snowmobile or boat if the pistol is unloaded,
contained in a closed and fastened case, gunbox, or securely tied package.
    Subd. 10. False representations. A person who gives or causes to be given any false
material information in applying for a permit to carry, knowing or having reason to know the
information is false, is guilty of a gross misdemeanor.
    Subd. 11. No limit on number of pistols. A person shall not be restricted as to the number
of pistols the person may carry.
    Subd. 11a. Emergency issuance of permits. A sheriff may immediately issue an emergency
permit to a person if the sheriff determines that the person is in an emergency situation that may
constitute an immediate risk to the safety of the person or someone residing in the person's
household. A person seeking an emergency permit must complete an application form and must
sign an affidavit describing the emergency situation. An emergency permit applicant does not
need to provide evidence of training. An emergency permit is valid for 30 days, may not be
renewed, and may be revoked without a hearing. No fee may be charged for an emergency permit.
An emergency permit holder may seek a regular permit under subdivision 3 and is subject to
the other applicable provisions of this section.
    Subd. 12. Hearing upon denial or revocation. (a) Any person aggrieved by denial or
revocation of a permit to carry may appeal by petition to the district court having jurisdiction
over the county or municipality where the application was submitted. The petition must list the
sheriff as the respondent. The district court must hold a hearing at the earliest practicable date and
in any event no later than 60 days following the filing of the petition for review. The court may
not grant or deny any relief before the completion of the hearing. The record of the hearing must
be sealed. The matter must be heard de novo without a jury.
(b) The court must issue written findings of fact and conclusions of law regarding the issues
submitted by the parties. The court must issue its writ of mandamus directing that the permit be
issued and order other appropriate relief unless the sheriff establishes by clear and convincing
evidence:
(1) that the applicant is disqualified under the criteria described in subdivision 2, paragraph
(b); or
(2) that there exists a substantial likelihood that the applicant is a danger to self or the public
if authorized to carry a pistol under a permit. Incidents of alleged criminal misconduct that are not
investigated and documented may not be considered.
(c) If an applicant is denied a permit on the grounds that the applicant is listed in the criminal
gang investigative data system under section 299C.091, the person may challenge the denial, after
disclosure under court supervision of the reason for that listing, based on grounds that the person:
(1) was erroneously identified as a person in the data system;
(2) was improperly included in the data system according to the criteria outlined in section
299C.091, subdivision 2, paragraph (b); or
(3) has demonstrably withdrawn from the activities and associations that led to inclusion in
the data system.
(d) If the court grants a petition brought under paragraph (a), the court must award the
applicant or permit holder reasonable costs and expenses including attorney fees.
    Subd. 12a. Suspension as condition of release. The district court may order suspension of
the application process for a permit or suspend the permit of a permit holder as a condition of
release pursuant to the same criteria as the surrender of firearms under section 629.715. A permit
suspension must be promptly reported to the issuing sheriff. If the permit holder has an out-of-state
permit recognized under subdivision 16, the court must promptly report the suspension to the
commissioner for inclusion solely in the database under subdivision 15, paragraph (a).
    Subd. 13. Exemptions; adult correctional facility officers. A permit to carry a pistol is
not required of any officer of a state adult correctional facility when on guard duty or otherwise
engaged in an assigned duty.
    Subd. 14. Records. (a) A sheriff must not maintain records or data collected, made, or
held under this section concerning any applicant or permit holder that are not necessary under
this section to support a permit that is outstanding or eligible for renewal under subdivision 7,
paragraph (b). Notwithstanding section 138.163, sheriffs must completely purge all files and
databases by March 1 of each year to delete all information collected under this section concerning
all persons who are no longer current permit holders or currently eligible to renew their permit.
(b) Paragraph (a) does not apply to records or data concerning an applicant or permit holder
who has had a permit denied or revoked under the criteria established in subdivision 2, paragraph
(b), clause (1), or subdivision 6, paragraph (a), clause (3), for a period of six years from the date
of the denial or revocation.
    Subd. 15. Commissioner; contracts; database. (a) The commissioner must maintain an
automated database of persons authorized to carry pistols under this section that is available 24
hours a day, seven days a week, only to law enforcement agencies, including prosecutors carrying
out their duties under subdivision 8a, to verify the validity of a permit.
(b) The commissioner may maintain a separate automated database of denied applications
for permits to carry and of revoked permits that is available only to sheriffs performing their
duties under this section containing the date of, the statutory basis for, and the initiating agency
for any permit application denied or permit revoked for a period of six years from the date of the
denial or revocation.
(c) The commissioner may contract with one or more vendors to implement the
commissioner's duties under this section.
    Subd. 16. Recognition of permits from other states. (a) The commissioner must annually
establish and publish a list of other states that have laws governing the issuance of permits to
carry weapons that are not substantially similar to this section. The list must be available on the
Internet. A person holding a carry permit from a state not on the list may use the license or permit
in this state subject to the rights, privileges, and requirements of this section.
(b) Notwithstanding paragraph (a), no license or permit from another state is valid in this
state if the holder is or becomes prohibited by law from possessing a firearm.
(c) Any sheriff or police chief may file a petition under subdivision 12 seeking an order
suspending or revoking an out-of-state permit holder's authority to carry a pistol in this state on
the grounds set forth in subdivision 6, paragraph (a), clause (3). An order shall only be issued if
the petitioner meets the burden of proof and criteria set forth in subdivision 12. If the court denies
the petition, the court must award the permit holder reasonable costs and expenses including
attorney fees. The petition may be filed in any county in the state where a person holding a
license or permit from another state can be found.
(d) The commissioner must, when necessary, execute reciprocity agreements regarding carry
permits with jurisdictions whose carry permits are recognized under paragraph (a).
    Subd. 17. Posting; trespass. (a) A person carrying a firearm on or about his or her person
or clothes under a permit or otherwise who remains at a private establishment knowing that the
operator of the establishment or its agent has made a reasonable request that firearms not be
brought into the establishment may be ordered to leave the premises. A person who fails to
leave when so requested is guilty of a petty misdemeanor. The fine for a first offense must not
exceed $25. Notwithstanding section 609.531, a firearm carried in violation of this subdivision
is not subject to forfeiture.
(b) As used in this subdivision, the terms in this paragraph have the meanings given.
(1) "Reasonable request" means a request made under the following circumstances:
(i) the requester has prominently posted a conspicuous sign at every entrance to the
establishment containing the following language: "(INDICATE IDENTITY OF OPERATOR)
BANS GUNS IN THESE PREMISES."; or
(ii) the requester or the requester's agent personally informs the person that guns are
prohibited in the premises and demands compliance.
(2) "Prominently" means readily visible and within four feet laterally of the entrance with the
bottom of the sign at a height of four to six feet above the floor.
(3) "Conspicuous" means lettering in black arial typeface at least 1-1/2 inches in height
against a bright contrasting background that is at least 187 square inches in area.
(4) "Private establishment" means a building, structure, or portion thereof that is owned,
leased, controlled, or operated by a nongovernmental entity for a nongovernmental purpose.
(c) The owner or operator of a private establishment may not prohibit the lawful carry or
possession of firearms in a parking facility or parking area.
(d) This subdivision does not apply to private residences. The lawful possessor of a private
residence may prohibit firearms, and provide notice thereof, in any lawful manner.
(e) A landlord may not restrict the lawful carry or possession of firearms by tenants or
their guests.
(f) Notwithstanding any inconsistent provisions in section 609.605, this subdivision sets
forth the exclusive criteria to notify a permit holder when otherwise lawful firearm possession is
not allowed in a private establishment and sets forth the exclusive penalty for such activity.
(g) This subdivision does not apply to:
(1) an active licensed peace officer; or
(2) a security guard acting in the course and scope of employment.
    Subd. 18. Employers; public colleges and universities. (a) An employer, whether public or
private, may establish policies that restrict the carry or possession of firearms by its employees
while acting in the course and scope of employment. Employment related civil sanctions may
be invoked for a violation.
(b) A public postsecondary institution regulated under chapter 136F or 137 may establish
policies that restrict the carry or possession of firearms by its students while on the institution's
property. Academic sanctions may be invoked for a violation.
(c) Notwithstanding paragraphs (a) and (b), an employer or a postsecondary institution may
not prohibit the lawful carry or possession of firearms in a parking facility or parking area.
    Subd. 19. Immunity. Neither a sheriff, police chief, any employee of a sheriff or police chief
involved in the permit issuing process, nor any certified instructor is liable for damages resulting
or arising from acts with a firearm committed by a permit holder, unless the person had actual
knowledge at the time the permit was issued or the instruction was given that the applicant was
prohibited by law from possessing a firearm.
    Subd. 20. Monitoring. (a) By March 1, 2004, and each year thereafter, the commissioner
must report to the legislature on:
(1) the number of permits applied for, issued, suspended, revoked, and denied, further
categorized by the age, sex, and zip code of the applicant or permit holder, since the previous
submission, and in total;
(2) the number of permits currently valid;
(3) the specific reasons for each suspension, revocation, and denial and the number of
reversed, canceled, or corrected actions;
(4) without expressly identifying an applicant, the number of denials or revocations based on
the grounds under subdivision 6, paragraph (a), clause (3), the factual basis for each denial or
revocation, and the result of an appeal, if any, including the court's findings of fact, conclusions of
law, and order;
(5) the number of convictions and types of crimes committed since the previous submission,
and in total, by individuals with permits including data as to whether a firearm lawfully carried
solely by virtue of a permit was actually used in furtherance of the crime;
(6) to the extent known or determinable, data on the lawful and justifiable use of firearms by
permit holders; and
(7) the status of the segregated funds reported to the commissioner under subdivision 21.
(b) Sheriffs and police chiefs must supply the Department of Public Safety with the basic
data the department requires to complete the report under paragraph (a). Sheriffs and police chiefs
may submit data classified as private to the Department of Public Safety under this paragraph.
(c) Copies of the report under paragraph (a) must be made available to the public at the
actual cost of duplication.
(d) Nothing contained in any provision of this section or any other law requires or authorizes
the registration, documentation, collection, or providing of serial numbers or other data on
firearms or on firearms' owners.
    Subd. 21. Use of fees. Fees collected by sheriffs under this section and not forwarded to
the commissioner must be used only to pay the direct costs of administering this section. Fee
money may be used to pay the costs of appeals of prevailing applicants or permit holders under
subdivision 8, paragraph (c); subdivision 12, paragraph (e); and subdivision 16, paragraph (c).
Fee money may also be used to pay the reasonable costs of the county attorney to represent the
sheriff in proceedings under this section. The revenues must be maintained in a segregated fund.
Fund balances must be carried over from year to year and do not revert to any other fund. As
part of the information supplied under subdivision 20, paragraph (b), by January 31 of each year,
a sheriff must report to the commissioner on the sheriff's segregated fund for the preceding
calendar year, including information regarding:
(1) nature and amount of revenues;
(2) nature and amount of expenditures; and
(3) nature and amount of balances.
    Subd. 22. Short title; construction; severability. This section may be cited as the Minnesota
Citizens' Personal Protection Act of 2003. The legislature of the state of Minnesota recognizes
and declares that the second amendment of the United States Constitution guarantees the
fundamental, individual right to keep and bear arms. The provisions of this section are declared to
be necessary to accomplish compelling state interests in regulation of those rights. The terms of
this section must be construed according to the compelling state interest test. The invalidation of
any provision of this section shall not invalidate any other provision.
    Subd. 23. Exclusivity. This section sets forth the complete and exclusive criteria and
procedures for the issuance of permits to carry and establishes their nature and scope. No sheriff,
police chief, governmental unit, government official, government employee, or other person or
body acting under color of law or governmental authority may change, modify, or supplement
these criteria or procedures, or limit the exercise of a permit to carry.
    Subd. 24. Predatory offenders. Except when acting under the authority of other law, it is a
misdemeanor for a person required to register by section 243.166 to carry a pistol whether or not
the carrier possesses a permit to carry issued under this section. If an action prohibited by this
subdivision is also a violation of another law, the violation may be prosecuted under either law.
History: 1975 c 378 s 4; 1976 c 269 s 1; 1977 c 349 s 3; 1983 c 264 s 10; 1986 c 444; 1992
c 571 art 15 s 8,9; 1993 c 326 art 1 s 32; 1994 c 618 art 1 s 45,46; 1994 c 636 art 3 s 38-40; 1998
c 254 art 2 s 69; 2003 c 28 art 2 s 4-28,34; 2005 c 83 s 1,3-10